Pawan Das v. The State Of Bihar

Patna High Court Cr.Misc. No.17771 of 2016 (9) dt.10-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17771 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -BAHERI District- DARBHANGA ====================================================== Pawan Das Son of Ram Sharan Das, resident of Village- Samadhpura, P.S.- Baheri, District- Darbhanga.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Iqbal Asif Niazi, Advocate For the Opposite Party : Mr. Indra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2016 A supplementary affidavit has been filed on behalf of the petitioner, which is kept on record.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Baheri P.S.Case No.78 of 2015 registered for an offence under Sections 341, 323, 504, 506 and 376 of the IPC.

As per the prosecution case, it is alleged by the informant that on 06.04.2015 at 8.00 P.M. accused took the informant and her mother towards his field in order to cure them from evils and forcibly committed rape with informant-victim and on raising alarm by the victim, accused-petitioner assaulted her and put Katta (sharp pointed weapon) on neck of mother of the informant and threatened them with dire consequences.

Patna High Court Cr.Misc. No.17771 of 2016 (9) dt.10-08-2016 Learned counsel for the petitioner submits that the petitioner is in custody since 04.03.2016. There is no allegation of tampering of witnesses against the petitioner. Charge-sheet has been submitted in the case. Petitioner has got no criminal antecedent. The victim/informant has already been examined in course of trial along with the other prosecution witnesses. The deposition of the victim has been brought on record by filing a supplementary affidavit. From perusal of the deposition made by the victim, it appears that she has denied the allegations made in the FIR.

On behalf of the State, it is submitted that the petitioner is named in the FIR but subsequently the victim has retracted from the earlier statement made in the FIR during the trial. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-V, Darbhanga in connection with Baheri P.S.Case No.78 of 2015. (Sudhir Singh, J) B.Kr./- U T